New regulations have been adopted by the Nevada State Prison Board as
part of a settlement agreement to a lawsuit brought by the American
Civil Liberties Union of Nevada representing Valerie Nabors, a former
inmate at the Florence McClure Women’s Correction Center. Nabors was
ankle-shackled after she went into active labor and was placed in
shackles 10 minutes after giving birth. Prison officials also
confiscated the breast pump that was medically prescribed to Nabors.
Among these new regulations, the Nevada State Prison Board agrees to
restricting the use of restraints on pregnant inmates and allowing
inmates who have recently delivered babies to use a breast pump.
“These regulations represent a new stage in the treatment of
reproductive justice issues in women’s prisons,” said Staci Pratt,
ACLU of Nevada Legal Director.
“Through this work, women need no longer face the terror of enduring
leg shackles while in labor or delivery. In addition, we have assured
that their newborns can have access to the health benefits of breast
milk,” she stated.
Nevada Department of Corrections (NDOC) Administrative Regulation 455
restricts the use of restraints on inmates who are pregnant, in labor,
or delivering a baby.
Only handcuffs may be used on a pregnant inmate and no restraints may
be used once an inmate is in labor or in post-partum recovery, unless
she is a “serious and immediate threat of harm” to herself or others,
or a “substantial flight risk.” The new regulation complies with NRS
209.376, passed by the Nevada State Legislature in 2011 to minimize
restraints on pregnant inmates.
NDOC Administrative Regulation 657 establishes a program to allow
inmates who have recently delivered babies access to a breast pump to
provide nutrition to their children. NDOC’s breast pump program is
among the first of its kind in the country.
The ACLU of Nevada’s lawsuit, Nabors v. Nevada Department of
Corrections, et al., was filed on June 20, 2012 in federal district
court. On January 14, 2014, the parties entered into a settlement
agreement, and on February 4, 2014, the Nevada State Board of
Examiners approved the financial portion of the settlement.
The bill unanimously passed the Nevada State Senate, 21-0, on
Wednesday, May 11, 2011, after having unanimously passed the Nevada
State Assembly, 42-0, on April 25 and was signed by Gov. Brian
Sandoval the following month.
The ACLU of Nevada, in its lobbying during the 2011 legislature, made
AB408 a high priority. ACLU staff members testified on the bill, met
with legislators individually, and monitored it closely through
committee hearings and votes.
The ACLU of Nevada is a nonprofit, nonpartisan organization committed
to the defense and advancement of civil liberties and civil rights for
all people in Nevada.

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